(A) Definition. The following definition shall apply in this chapter preventing youth access to tobacco.
TOBACCO VENDING MACHINE. Includes any machine or device designated for the use or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, trade checks or slugs.
(B) Sale and furnishing tobacco products to minors.
(1) Prohibition. It is unlawful for any person to sell or furnish in any manner any tobacco product to any person under the age of 21, or to purchase in any manner a tobacco product on behalf of any such person. It shall not be unlawful for an employee under 21 years of age to handle tobacco products when required in the performance of the employee’s duties.
(2) Proof of age.
(a) Demanding proof of age. A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 21 years of age.
(b) Identification. Proof of age includes a driver’s license or other government issued photo identification purporting to establish that the purchaser was 21 or older and the defendant confirmed the validity of the driver’s license or other government issued photo identification presented by the purchaser by performing a transaction scan by means of a transaction device.
(c) Defense. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense. Provided, however, that this defense is not available, that if said defendant failed to exercise reasonable diligence to determine whether the physical description and picture appearing on the license or identification used was that of the person who presented it.
(C) Tobacco vending machines.
(1) Conditions for operation of vending machines. It shall be unlawful for the owner or manager of any building or business, and any other person in lawful possession or control of the space, upon which a tobacco vending machine sits, to permit or allow to be operated a tobacco vending machine unless:
(a) The machine is located in a workplace where the general public is 21 years of age or older; or
(b) The machine is located in a workplace where the general public is not usually admitted and where such machines are for the use of the employees therein. In such cases, it shall be the responsibility of the owner or manager of any building or business and any other person in lawful possession of said machine to bar access to the machine by persons under 21 years of age.
(Prior Code, § 4-13-1) (Ord. 735, passed 11-3-2009) Penalty, see § 97.99